Paddock v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Plaintiff' having signed tbe written contract which, declares that a special rate was given in view of the facts in this case, is concluded thereby. Kellerman v. Railroad, 34 S. W. Rep. 41 (Mo.). (2) We have in this'case two presumptions in favor of defendant.
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Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Plaintiff' having signed tbe written contract which, declares that a special rate was given in view of the facts in this case, is concluded thereby. Kellerman v. Railroad, 34 S. W. Rep. 41 (Mo.). (2) We have in this'case two presumptions in favor of defendant. First, one of fact that the stock were crowded up in the middle of the car and were injured because of their being overloaded; second, a presumption of law because of their having been shipped in the same car with cattle. There not being a syllable of testimony to overcome…
1Opinion of the CourtMarshall, J.
This is an action, based upon section 2590, Eevised Statutes 1889, to recover the value of five hogs, alleged to be worth seventy-eight dollars. The petition charges that the defendant failed to furnish to the plaintiff a car with trap-doors in the roof thereof, one near each end and upon opposite sides of the car, large enough to conveniently admit, a man’s body, as the section quoted requires, and that in consequence thereof the hogs piled up in the center of the car, the plaintiff’s agent, who was accompanying them, was unable to get to them for the purpose of separating them, and five, of…
2Cases cited5 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Utley v. HillSupreme Court of Missouri · 1900
- Perkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- State ex rel. Attorney General v. HeidornSupreme Court of Missouri · 1881
3Cited by24 opinions
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Trapp v. Metropolitan Life Ins. Co.Court of Appeals for the Eighth Circuit · 1934
- Timson v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1909
- Morrill v. American Reserve Bond Co. of KentuckyU.S. Circuit Court for the District of Western Missouri · 1907
- Mills v. OlsenMontana Supreme Court · 1911
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